Legal Opinion
The Fearless
District Court, S.D. California
Decided March 31, 1948No. 7885-BHPublished
1Opinion of the Court
McCORMICK, District Judge.
This is a libel in rem .against the Oil Screw “Fearless,” and her gear, all equipment and appurtenances.
The ship is a purse seine fishing craft, 78.7 feet in length, 23.1 feet in width and 11.0 feet in depth, built in 1935, of 127 gross tons, and is valued at approximately $100,-000. She had been at all relevant times sailing in waters of the Gulf of Lower California, Mexico.
On June 4, 1947, while so engaged in fishing, the “Fearless” sprang a leak through a slack seam under her port guard rail, and at about four o’clock in the afternoon it was discovered by her crew…
2Cases cited4 opinions
- The BlackwallSupreme Court of the United States · 1870
- The Niels NielsenCourt of Appeals for the Second Circuit · 1921
- Rustad v. WuoriCourt of Appeals for the Ninth Circuit · 1946
- Charles R. McCormick Lumber Co. of Delaware v. Hubble Towing Co.Court of Appeals for the Ninth Circuit · 1932